Societa Finanziaria Industrie Turistiche SpA v Manfredi Lefebvre D'Ovidio De Clunieres Di Balsorano & Anor [2006] EWHC 90068 (Costs) (30 June 2006)

Societa Finanziaria Industrie Turistiche SpA v Manfredi Lefebvre D'Ovidio De Clunieres Di Balsorano & Anor [2006] EWHC 90068 (Costs) (30 June 2006)

Italian lawyers' fees must be assessed according to Italian law and tariffs, specifically Table D of Chapter III of Ministerial Decree No 127/2004, as explained by the expert Mr Danovi. Fees claimed for services by Lefco Limited are not recoverable as a matter of principle, as they fall within the rule against...

Source-derived case information.

Citation
[2006] EWHC 90068 (Costs)
Parties
Claimant: SOCIETA FINANZIARIA INDUSTRIE TURISTICHE SpA; First Defendant: MANFREDI LEFEBVRE D'OVIDIO DE CLUNIERES DI BALSORANO; Second Defendant: ANTONIO LEFEBVRE D'OVIDIO DE CLUNIERES DI BALSORANO
Jurisdiction
England and Wales
Judgment Date
30 June 2006
Procedural Posture
Costs Assessment / Preliminary Issues Determination Prior to Detailed Assessment
Outcome
Preliminary issues determined: Italian lawyers' fees to be assessed under Italian law and tariffs; Lefco Limited's fees not recoverable; value of claim for tariff purposes is €60,000,000.
Legal Topics
Assessment of Foreign Lawyers' Fees, Application of Foreign Law in Costs Assessment, Recoverability of Costs for in House or Related Entities, Standard for Proportionality and Reasonableness Under CPR 44.5
Civil Procedure Costs Assessment of Foreign Lawyers' Fees Application of Foreign Law in Costs Assessment Recoverability of Costs for in House or Related Entities Standard for Proportionality and Reasonableness Under CPR 44.5

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Parties

SOCIETA FINANZIARIA INDUSTRIE TURISTICHE SpA

Claimant

MANFREDI LEFEBVRE D'OVIDIO DE CLUNIERES DI BALSORANO

First Defendant

ANTONIO LEFEBVRE D'OVIDIO DE CLUNIERES DI BALSORANO

Second Defendant

Procedural Posture

Costs Assessment / Preliminary Issues Determination Prior to Detailed Assessment

Legal Issues

  1. 1 Whether Italian law governs the assessment of Italian lawyers' fees in English detailed assessment proceedings
  2. 2 Which Italian law method and tariff applies to the assessment of those fees
  3. 3 Whether fees claimed for services by Lefco Limited are recoverable as costs

Ratio Decidendi

Italian lawyers' fees must be assessed according to Italian law and tariffs, specifically Table D of Chapter III of Ministerial Decree No 127/2004, as explained by the expert Mr Danovi. Fees claimed for services by Lefco Limited are not recoverable as a matter of principle, as they fall within the rule against recovery of costs for work done by a litigant's own employees or controlled entities.

Court Disposition

Preliminary issues determined: Italian lawyers' fees to be assessed under Italian law and tariffs; Lefco Limited's fees not recoverable; value of claim for tariff purposes is €60,000,000.

Orders

  • Italian lawyers' fees to be assessed according to Table D of Chapter III of Ministerial Decree No 127/2004 as explained by Mr Danovi.
  • Fees claimed for Lefco Limited are not recoverable as a matter of principle.